In re the Estate of Anglin

Appellate Division of the Supreme Court of New York

In re the Estate of Anglin

216 A.D.2d 557, 628 N.Y.S.2d 580, 1995 N.Y. App. Div. LEXIS 7001

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 26, 1995

StatusPublished

Cited by1 cases

This text of 216 A.D.2d 557 (In re the Estate of Anglin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Estate of Anglin, 216 A.D.2d 557, 628 N.Y.S.2d 580, 1995 N.Y. App. Div. LEXIS 7001 (N.Y. Ct. App. 1995).

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Opinion

In a proceeding, inter alia, to revoke letters of administration, Camille Anglin appeals, as limited by her brief, from so much of a decree of the Surrogate’s Court, Kings County (Bloom, 8.), dated August 16, 1993, as, after a hearing, granted the petition to the extent of finding that the petitioner was the nonmarital child of the decedent.

Ordered that the decree is affirmed insofar as appealed from, with costs payable by Camille Anglin personally.

The Surrogate’s Court properly determined that the petitioner, Roger O. Anglin, established by clear and convincing evidence that he was the nonmarital child of the decedent and that the decedent “openly and notoriously” acknowledged the petitioner as his own (see, EPTL 4-1.2 [a] [2] [C]). At the hearing, the petitioner provided testimonial evidence which established that the decedent made “oral declarations or acts from which an acknowledgement [of paternity] can be logically inferred” (Estate of Campbell, NYLJ, Mar. 7, 1984, at 11, col 2; see also, Matter of Rifkin, 177 AD2d 631). Sullivan, J. P., O’Brien, Altman and Goldstein, JJ., concur.

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In a proceeding, inter alia, to revoke letters of administration, Camille Anglin appeals, as limited by her brief, from so much of a decree of the Surrogate’s Court, Kings County (Bloom, 8.), dated August 16, 1993, as, after a hearing, granted the petition to the extent of finding that the petitioner was the nonmarital child of the decedent.

Ordered that the decree is affirmed insofar as appealed from, with costs payable by Camille Anglin personally.

The Surrogate’s Court properly determined that the petitioner, Roger O. Anglin, established by clear and convincing evidence that he was the nonmarital child of the decedent and that the decedent “openly and notoriously” acknowledged the petitioner as his own (see, EPTL 4-1.2 [a] [2] [C]). At the hearing, the petitioner provided testimonial evidence which established that the decedent made “oral declarations or acts from which an acknowledgement [of paternity] can be logically inferred” (Estate of Campbell, NYLJ, Mar. 7, 1984, at 11, col 2; see also, Matter of Rifkin, 177 AD2d 631). Sullivan, J. P., O’Brien, Altman and Goldstein, JJ., concur.

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Bluebook (online)

216 A.D.2d 557, 628 N.Y.S.2d 580, 1995 N.Y. App. Div. LEXIS 7001, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-anglin-nyappdiv-1995.

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